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Legality Questions of a BDSM B&B - 7/21/2007 2:06:38 AM   
bbwsubnnorcal


Posts: 104
Joined: 4/24/2006
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Greetings kind Sirs and Mistresses, and fellow subbies and slaves,

A friend of mine has brought to my attention a property in West Virginia that might be perfect for a BDSM B&B. Now with that said, i know that there are laws out there that would/could prevent this from even opening in the first place. So my question is....

How would one go about finding out the laws for city/county/state for this sort of venture?  I can see the end result if everything went perfectly smooth and there were no complications. However, I worry about the possible trainwreck ahappenin' too.

Any advise would be most appreciated.

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RE: Legality Questions of a BDSM B&B - 7/21/2007 3:53:49 AM   
rmanrr


Posts: 358
Joined: 7/25/2006
Status: offline
Greetings
Check it out by making subtle and no so subtle enquiries at the registry office which issues the business licenses and such. Further, most developed areas have a service that provides the first hour of legal advice free to people in need of such advice. Good luck with your venture.


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RE: Legality Questions of a BDSM B&B - 7/21/2007 6:22:33 AM   
MsSonnetMarwood


Posts: 1898
Joined: 2/10/2005
From: Eastern Shore, Maryland
Status: offline
I would strongly suggest making an appointment to sit down and discuss your business plan with a lawyer who is familiar with local sex laws/ordinances.  Not all lawyers are familiar with this information, and it will vary by area.   There's some other business issues you will need to address as well (for example, anywhere you're serving food comes with a whole set of codes from the health department that you'll have to make sure follow). 

"In general" (and keep in mind what I just said) , if all you're providing is a kink-friendly atmosphere where adults can do what they want behind closed doors on equipment that is for "novelty purposes only", then you should be fine.    If your plan was somewhat more ornate and included the possibility of including people to play with in the package, then you're going to run into some issues.

< Message edited by MsSonnetMarwood -- 7/21/2007 6:28:15 AM >


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RE: Legality Questions of a BDSM B&B - 7/21/2007 6:28:11 AM   
ready4srvce4all


Posts: 767
Joined: 3/9/2007
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I'm sure many folks on here can give you very good tidbits, but the best way to go is find a lawyer who has experience with issues dealing with freedom of speech and expression.

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RE: Legality Questions of a BDSM B&B - 7/21/2007 6:29:25 AM   
Wildfleurs


Posts: 1650
Joined: 9/24/2004
From: Connecticut
Status: offline
quote:

ORIGINAL: bbwsubnnorcal

Greetings kind Sirs and Mistresses, and fellow subbies and slaves,

A friend of mine has brought to my attention a property in West Virginia that might be perfect for a BDSM B&B. Now with that said, i know that there are laws out there that would/could prevent this from even opening in the first place. So my question is....

How would one go about finding out the laws for city/county/state for this sort of venture?  I can see the end result if everything went perfectly smooth and there were no complications. However, I worry about the possible trainwreck ahappenin' too.

Any advise would be most appreciated.




Hire a lawyer.  Get reccomendations for lawyers from local swingers and BDSM groups for a lawyer thats kink/sex friendly.

C~


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The heart of it all - http://www.wildfleurs.com
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RE: Legality Questions of a BDSM B&B - 7/21/2007 6:46:05 AM   
ErusBenignita


Posts: 11
Joined: 7/9/2007
Status: offline
I don't know about the laws and legalaties in W.Va., although I do know somebody that might be able to give you a sound advice.  She is curently atempting to aquire a grant for a Lifestyle resort (retreat, or something of the sorts).

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RE: Legality Questions of a BDSM B&B - 7/21/2007 7:04:43 AM   
realisticwish


Posts: 137
Joined: 1/28/2007
Status: offline
There are several Bdsm B&B throughout the country.   One in WVa is the D'Inn in Glengary.  You might check them out.  I know many friends of mine had been to Shadowfind in Michigan they speak very highly of that place.  
 
Best of luck
~J~

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RE: Legality Questions of a BDSM B&B - 7/21/2007 7:11:53 AM   
BOUNTYHUNTER


Posts: 9259
Joined: 2/5/2004
Status: offline
WE live in west Virginia and its the toughest bible belt state around..DIANE  is also a pro domme and we have to be very careful in our community, in fact she has almost shut down..A b and b is easy to license, as long as you are insured...One mention of bdsm and you will be out the door I guarantee smiles..WE have slowed down in building our retreat due to the tighten of the laws and our attorney saying proceed with cation smiles. Just proceed slow,YOU may check with me on the other side if you have any questions..bounty

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RE: Legality Questions of a BDSM B&B - 7/21/2007 7:55:31 AM   
SimplyMichael


Posts: 7229
Joined: 1/7/2007
Status: offline
I am in California but this applies nationally.  Despite the BS about BDSM you hear on the net, BDSM is legal for a variety of reasons

Anyplace they have prosecuted Pro-Dommes for prostitution has created case law that BDSM is sex.  Most states have done so and thus, they have undermined significantly any chance of bringing in any sort of spousal abuse issues.  Since I dont' know of a single bed and breakfast that prevents couples staying over from having sex, what they do with the odd shaped furniture is up to them.

The way a community would deal with such a place isn't to arrest the participants, it would be to screw with it over zoning.  In addition, charges can always be dropped and an over zealous DA can always find something to screw with you on.

My advice is check with an attorney to find out not just what the law is but what the attitudes are.  If you DO do it, keep a low profile as to what you do but work hard to become part of the community and raise money for local politicans and especially the police.

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